BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-03192 — Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act5819-03192Well-founded
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5819-03192 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted Police
Decision: Jun 14, 2022Published: Jun 14, 2022

The complainant alleged the Royal Canadian Mounted Police (RCMP) did not conduct a reasonable search for records related to the "E Norther" file. The RCMP initially refused to search the Legal Services Unit, claiming records would not be under their control. The Information Commissioner found this unreasonable, ordering the RCMP to search and process any responsive records found. The RCMP subsequently located additional records and provided a supplementary release to the complainant.

  • Reasonableness of the search conducted by the institution.
  • Determination of record control for access to information purposes.
  • Scope of records requested by the complainant.

Complaint well founded — reasonable search ordered

The Information Commissioner found that the RCMP's initial refusal to search the Legal Services Unit and its determination of control were not reasonable. The Commissioner ordered the institution to conduct a more thorough search and process any responsive records, which the institution subsequently did.

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Recommended action / remedy

The RCMP was ordered to confirm with outstanding offices for relevant records, process any responsive records found, and provide a new response to the complainant.

Statutory provisions cited
  • s.36.1 ATIA

This is an informational summary only and not legal advice.